Acquitted because CBD in the form of cannabis resin became legal

Saved by the bell. The manager of a tobacco store in the Pâquis district, accused of drug trafficking, was acquitted on Tuesday by the Police Court due to a legislative change benefiting him. At the end of 2021, when he was caught running off CBD in the form of compressed cannabis resin in his shop, it was illegal. But the 1is August the federal ordinance on narcotics tables was revised. This type of packaging is now authorized. The man is no longer a trafficker, but a merchant.

The case begins in December 2021, when one of his employees sells real hashish to a plainclothes policeman in his store. The man admitted the facts and was convicted in the meantime. On the other hand, he always claimed to have acted without the knowledge and in the absence of his boss. The problem is that while searching the shop, the agents also discovered under the cash register two wafers of CBD, weighing a total of 188 grams. These belonged to the manager, who made no secret of it, even displaying the prices. But on that date it was about drugs.

The merchant then swears to ignore that the sale of cannabis resin with a THC level of less than 1% was prohibited. “He could not have guessed it, since CBD in all its other forms, grass, spray, oils, etc., was legal”, pleaded on Tuesday his lawyer, Mr.e Barnabas Denès. Precisely, the Federal Council put an end to this incongruity this summer. The president of the court, Alessandra Armati, adhered to the reasoning. Since it has been established that the man knew nothing of his employee’s crimes, punishing him for possessing a product that is now authorized does not make sense.

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